This is a weblog that posts the synopses of all published opinions issued by the Court of Appeals and Court of Special Appeals of Maryland and synopses of all opinions that are openly available on the Internet from other courts in Maryland.

Tuesday, January 2, 2007

A police officer conducting covert narcotics surveillance observed the Appellant hide a bag between the screen and entry doors of a Baltimore City rowhouse, and engage in other suspicious behavior which seemed to suggest that illicit drugs were being sold. The police officer opened the screen door, searched the bag, discovered it contained heroin, and promptly arrested the Appellant.

While arrest was in progress, a second man arrived on the scene who identified himself as the Appellant's brother, and indicated that the Appellant lived with him. According to the police officer, this second man gave him permission to search the house, at which time other drugs were discovered in plain view. In the circuit court, the Appellant's motion to suppress the seized drugs was denied, the case proceeded on a not guilty/agreed statement of facts. The Appellant was found guilty and appealed.

On appeal, the Appellant raised two issues: first, that the circuit court erred by denying Appellant’s motion to suppress; and second, that the circuit court failed to determine that the Appellant's jury trial waiver was knowing and voluntary. The circuit court's guilty verdict was affirmed.

The circuit court denied the Appellant's motion to suppress the drugs found behind the screen door, because it found that he had no reasonable expectation of privacy in this area, as opposed to any area behind the entry door. In affirming the circuit court on this point, the Court of Special Appeals characterized this ruling as a finding of fact which was not clearly erroneous.

The circuit court denied the Appellant's motion to suppress the drugs found in the house, because (a) it resolved in favor of the police officer a conflict in testimony between the police officer and the Appellant's brother regarding the circumstances under which consent was given; and (b) it found that the brother did have authority to consent to search house, because Appellant and his brother had mutual use of the area searched. Again the Court of Special Appeals affirmed because the circuit court was in the best position to resolve conflicts in testimony, and it was correct as a matter of law on the brother's right to consent to the search.

Finally, with respect to the waiver of the jury trial, the Court of Special Appeals affirmed, but suggested a litany of questions to be asked to ensure that a waiver is knowing and voluntary.

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About This Weblog

We believe that it is in the best interest of both the public and the legal system for the courts to operate with the maximum possible transparency. To that end, we provide synoposes of all opinions publicly available on the Internet of the Court of Appeals and Court of Special Appeals of Maryland, the U.S. District Court and Bankruptcy Court for the District of Maryland, the Maryland Tax Court, and any Circuit Court in Maryland.

The synopses contain no editorial opinion except where absolutely necessary to accurately reflect any opinion. However, we encourage both attorneys and lay readers to post their analyses and comments. In addition, we will also link to commentary on the Internet with respect to any case that is posted here.